Cummins v. Des Moines & St. Louis R'y Co.
Supreme Court of Iowa
Appeal from Warren Circuit Court. These proceedings were instituted by defendant for the condemnation of certain lands belonging to plaintiff for right of way purposes for its railway. The jury appointed by the sheriff assessed the damages, and from their award plaintiff appealed to the circuit court. There was a trial to a jury in the circuit court, who assessed the damages at $9,042.45, and the usual order was entered by the court. Defendant appeals.
1Opinion of the CourtReed, J.
1. Railroads: right of way damages: the whole property to be considered: duty of commissioners. I. The property in question is lots 1 and 2, in block 4, in the city of Des Moines. The block is bounded on the north by Cherry, and on the west by Seventh street, and the lots in question constitute the north-west quarter of the block. They are each . . ... , , „ sixty-six feet m width, and they front west on- ° •' Seventh street, and extend back, parallel with Cherry street, to an alley which runs north and south through the middle of the block. Lot 2 is the southerly of' the two lots, and it is…
2Cases cited4 opinions
- King v. Iowa Midland R. R.Supreme Court of Iowa · 1872
- Winklemans v. Des Moines Northwestern R'y Co.Supreme Court of Iowa · 1883
- Hartshorn v. B., C. R. & N. R.Supreme Court of Iowa · 1879
- Gear v. C. C. & D. R.Supreme Court of Iowa · 1874
3Cited by16 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- Chicago, Rock Island & Pacific Railway Co. v. City of OttumwaSupreme Court of Iowa · 1900
- Simons v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1905
- Duggan v. StateSupreme Court of Iowa · 1932
- Maxwell v. Iowa State Highway CommissionSupreme Court of Iowa · 1936
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